Specific features of public legal entities subsidiary liability for obligations of agencies established by them: procedural aspect

Following the results of the analysis of the current legislation (including that in retrospect), of the legal positions of the courts, as well as of summarizing the judicial practice on the specifics of considering disputes on bringing public legal entities being the founders of state and municipal institutions (budgetary, state-owned and autonomous) to subsidiary liability, the authors find that the capacity of the existing regulation cannot be recognized as optimal. The authors note that the most important provisions covering the procedure for bringing such founders to subsidiary liability (judicial procedure) are introduced not by the law, but by the legal position of the highest courts. In fact, the materials of summarized judicial practice make up a new regulation. According to the authors of the article, it is necessary not only to change the norms of substantive law, but also to develop special procedural rules for considering relevant requirements (on bringing the specified founders to subsidiary liability).